In 2022, Delta 8 THC laws are a bit unclear. Here’s the Basics surrounding D8 / D10 sales in your state, and what kush.com has done to keep the Kush Marketplace compliant for buying and selling Delta 8 THC.
Current Delta 8 Laws / State Rulings
The Federal Government recognized Hemp (and Hemp Derived Cannabinoids) as a legal crop in 2018 with the passing of the Farm Bill. As of now, it does seem that Delta 8 THC fits within the farm bills standards as long as it doesn’t contain over .3% Delta 9 THC.. but states can differ.
Currently there’s 19 States that have explicitly banned Delta 8 in Hemp Products (and other THC Isomers / Intoxicating Cannabinoids) including; Alaska, Arizona, Colorado, Connecticut, Delaware, Idaho, Iowa, Kansas, Michigan, Montana, Nevada, New York, North Dakota, Rhode Island, Utah, Vermont, Virginia* and Washington. (Kentucky, Arkansas Removed 9/13/22, Mississippi removed 11/10/22)
Note: Virginia has banned delta 8 products from consumables like Beverages and Edibles.
More details in our State By State legal breakdown.
If your not located in one of these states, then your in luck! For the time being it doesn’t seem there’s any laws prohibiting the buying and selling of Delta 8 products along with other federally legal hemp derived cannabinoids. But things can change fast, so make sure to check your local laws and regulations before making a sale or purchase.
Buying & Selling Delta 8 / Delta 10 on Kush.com
Delta 8 & Delta 10 products are still allowed on kush.com, with the exception of the 17 banned states. If you are outside of; Alaska, Arizona, Colorado, Connecticut, Delaware, Idaho, Iowa, Kansas, Michigan, Montana, Nevada, New York, North Dakota, Rhode Island, Utah, Vermont, Virginia, and Washington then you can buy and sell Delta 8 on kush.com. Products on kush.com must be federally legal and only contain ‘hemp derived cannabinoids’, and again, make sure to look into your local laws before making a purchase or sale!
Legal Opinion | Exceptions
Earlier this year we have reached out to the legal team and for clarification on what kush.com should do about Delta 8 products. Unfortunately we did have to pull products that are located in the banned states listed above. Here’s the general consensus;
I think at a minimum, you should geofence to not allow sales in states that have banned delta 8… It seems like you should immediately remove delta-8 THC products from being sold in those banned states.
– Legal Opinion
There is one notable exception that we have seen come up on the Marketplace. For example, lets say your business is based out of Colorado (a D8 Banned State) but you distribute a Delta 8 Product from Florida (not banned). This could still be allowed on kush.com! Write us at email@example.com and we could potentially switch your company information to the Florida address, and continue compliant D8 sales on Kush.com.
For example, if you have a manufacturer in a state that has banned delta 8 sales, it may be true that such manufacturer could legally manufacture it and distribute it in states where delta 8 sales are legal.
– Legal Opinion
Again, if you have any questions just write us! Info@kush.com